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UPDATE: On November 27, 2007 Federal
District Court Judge David G. Campbell upheld the National Park
Service's decision to permit the continud use of motorized rafts
in Grand Canyon National Park. The Judge ruled that the Park
Servce acted reasonably and within its legal discretion when
it determined that continued motorized use of the type and level
allowed was in the public's best interests and fully consistent
with both preservation of Grand Canyon National Park and the
Park Service's obligations related to management of the river
corridor given its statas as a National Park Service "proposed
potential wilderness area." The Judge's ruling can be found
here.
For the past three decades, an intractable controversy has simmered
and sometimes boiled over regarding the use of low-powered outboard
motors on pontoon rafts running the mighty rapids of the Colorado
River within Grand Canyon National Park. Today, three out of
four professionally-outfitted river trip passengers, and a number
of self-outfitted river trippers conducting private trips, choose
to utilize motorized rafts powered by low-emission, low-noise,
environmentally-friendly motors. Despite the significant contribution
that such motorized use offers by making a Grand Canyon river
trip accessible to a substantially greater portion of the American
public than would otherwise be the case, some continue to call
for the elimination of such motorized trips.
These efforts are linked to obtaining "wilderness"
designation for the Colorado River corridor within Grand Canyon
National Park. It is believed, erroneously, that such a designation
would necessarily prohibit the National Park Service from continuing
to authorize motorized river trips using appropriate technology.
The aim of this article is to provide a review of how the Grand
Canyon is managed today, to examine the debate over motorized
use in the Park, and to describe why the Grand Canyon River
Outfitters Association and its members believe that such use
is beneficial and consistent with both the National Park Service
mission and the Wilderness Act, and should therefore continue.
"WILDERNESS"
AND THE GRAND CANYON
The Grand Canyon is, indeed, a national treasure. It is a World
Heritage Site, which signifies its international standing as
one of the planet's most unique and valued places. Whether by
hiking in the backcountry or rafting down the Colorado River,
visiting the Grand Canyon is one of the world's very special
experiences. Unfortunately, this "crown jewel" in
the National Park System has sometimes become mired in a debate,
not about proper ecological stewardship, but over whether five
decades of motorized use along the river should end. This issue
has long polarized groups and individuals that otherwise share
a common, deeply held goal of preserving and enhancing the Grand
Canyon and its river experience.
The Grand Canyon River Outfitters Association feels the opportunity
exists for a collaborative, consensus-based resolution to this
controversy. We suggest that Congress should designate most
of the Grand Canyon's backcountry, but not the river corridor,
as wilderness. We believe the river corridor itself should be
excluded in the same fashion that the National Park Service
has suggested the heavily used cross canyon corridor hiking
trails be excluded, in light of their function as main access
routes into and through the greater backcountry.
One common misunderstanding is that the Grand Canyon currently
is a designated wilderness area. The Grand Canyon is not a wilderness
area nor does it contain any wilderness areas. Nor is the National
Park Service required to manage the river corridor as a "de
facto wilderness area." In fact, no areas within Grand
Canyon National Park have ever been formally recommended, either
by the Secretary of the Interior or the President of the United
States, for inclusion into the wilderness system.
Congress passed the Wilderness Act in 1964 to close off certain
areas of federal land and preserve their wilderness character
in order to secure for present and future generations of Americans
the benefits of an "enduring resource of wilderness."
The Wilderness Act established the National Wilderness Preservation
System, to include federal lands designated as "wilderness"
by Congress. The Act defines wilderness, "in contrast with
those areas where man and his own works dominate the landscape,
. . . as an area where the earth and its community of life are
untrammeled by man, where man himself is a visitor who does
not remain." It specifies that a wilderness area comprises
undeveloped Federal land
retaining its primeval character and influence, without
permanent improvements or human habitation, which is protected
and managed so as to preserve its natural conditions and which
(1) generally appears to have been affected primarily by the
forces of nature, with the imprint of man's work substantially
unnoticeable; (2) has outstanding opportunities for solitude
or a primitive and unconfined type of recreation; (3) has at
least five thousand acres of land or is of sufficient size as
to make practicable its preservation and use in an unimpaired
condition; and (4) may also contain ecological, geological,
or other features of scientific, educational, scenic, or historical
value.
The Wilderness Act established a specific process for adding
areas to the Wilderness Preservation System. Pursuant to this
process, a land management agency (i.e., National Park Service,
Bureau of Land Management, or United States Forest Service)
can recommend areas meeting the statutory definition of wilderness
and certain other statutory requirements for designation as
wilderness to the Secretary of the Interior and the President.
After receiving the Secretary's recommendation, a formal process
exists by which the President makes a recommendation to Congress
with respect to his determination regarding whether an area
should be designated as wilderness. A Presidential wilderness
recommendation becomes effective only if so provided by an Act
of Congress. Thus, under the Wilderness Act, only Congress can
designate federally managed areas as part of the National Wilderness
Preservation System.
The Wilderness Act also directed the Secretary of the Interior
to review all roadless areas of five thousand contiguous acres
or more in the national parks and, within ten years, to report
to the President on the suitability of each area for possible
preservation as wilderness. In the Grand Canyon Enlargement
Act of 1975, which provided for the further protection of the
Grand Canyon and doubled the size of the Park, Congress modified
the deadline for wilderness suitability review by the Executive
Branch first set forth in the Wilderness Act in 1964. Specifically,
the Grand Canyon Enlargement Act required the Secretary of the
Interior to report to the President, within two years, his or
her recommendation on the suitability or non-suitability of
any area within Grand Canyon National Park for potential wilderness
designation.
In 1980, Grand Canyon National Park produced a proposed wilderness
recommendation, in which the agency (but not the Secretary of
the Interior or the President) recommended that almost the entire
backcountry area of the Park-approximately 1,000,000 acres-with
the exception of the cross canyon corridor hiking trailsbe designated
as wilderness by Congress. This recommendation included the
Colorado River corridor, consisting of approximately 12,190
acres (or 1% of the total area) as "potential wilderness,"
pending the elimination of motorized rafts from the river, which
had been proposed by the Park as part of its then on-going river
management planning process.
The "potential wilderness" designation, only if accepted
and enacted into law by Congress, would mean that motorized
use eventually would be eliminated and, once eliminated, the
river corridor would become part of the Wilderness Preservation
System automatically without any further action by Congress.
In 1993, the Park updated the 1980 recommendation, largely to
reflect the acquisition of federal title to various lands within
the Park's boundaries. The Park's proposed recommendation, although
never formally transmitted to the Secretary of the Interior,
together with the Park's attempt to eliminate motorized river
trips through the river management planning process that was
ongoing in the late 1970's, created substantial controversy.
Congress responded to the agency's proposal by passing an amendment
offered by Senator Orrin Hatch (R-Utah) to the 1981 Department
of the Interior appropriations bill that prevented the National
Park Service from moving forward with its proposed phase-out
of motorized river trips. In response, the National Park Service
implemented a Colorado River Management Plan and subsequently
issued river running concession contracts that continue to require
motorized trips on the river. So was born the dichotomy involving
the agency's proposed wilderness recommendation that attempts
to classify the river corridor as "potential wilderness"
(with an assumed eventual phase-out of motorized trips) and
the agency's requirement that the Park's professional river
running concessioners continue to provide motorized river trips.
It remains to this day.
Since 1981, no Secretary of the Interior or President has
ever received or forwarded on a formal recommendation on the
suitability or non-suitability of any areas within Grand Canyon
National Park for possible inclusion into the Wilderness Preservation
System. Congress has yet to consider whether or not any areas
within the Grand Canyon should be designated as wilderness.
All interested parties should acknowledge the fact that absent
further congressional action, the Wilderness Act does not require
the termination of motorized use on the Colorado River in the
Grand Canyon. The question is whether the National Park Service,
as a matter of agency policy, should manage Grand Canyon National
Park and its Colorado River corridor in such a manner as to
not impair its suitability for possible inclusion into the Wilderness
Preservation System at some future point.
National Park Service policies presently suggest that the
river corridor should be so managed. But this does not require
the removal of motorized use. This is because such use is not
diminishing the river corridor's future suitability for potential
inclusion into the National Wilderness Preservation System.
Motorized use is transitory in nature and does not harm or negatively
impact the resource. If such use did impair the area's suitability
for wilderness designation, after five decades of such use,
certainly the Colorado River corridor within the Park would
no longer be suitable for possible wilderness designation. Yet
wilderness advocates maintain that the Colorado River corridor
within the Grand Canyon does remain suitable for possible inclusion.
If this is true, it can only be so because motorized use has
not diminished the river corridor's wilderness character.
It is widely recognized, even by those advocating wilderness
designation, that the river corridor through the Grand Canyon
has been noticeably and almost certainly irreversibly modified
as a result of the construction and operation of Glen Canyon
Dam, just twenty miles upstream from the Park. The Colorado
River corridor downstream from the dam is no longer an "unimpaired
natural area," a fact amply illustrated by the available
scientific literature. That humankind has left an imprint on
the Colorado River corridor within the Park is beyond dispute.
The impacts caused by Glen Canyon Dam were not considered during
the original formulation of the National Park Service's Grand
Canyon wilderness recommendation, and are a principal reason
why today, that recommendation may not remain valid.
Current National Park Service management policies state that
the agency "will take no action that would diminish the
wilderness suitability of an area possessing wilderness characteristics
until the legislative process of wilderness designation has
been completed." National Park Service Director's Order
No. 41 further states that lands identified as being suitable
for wilderness designation, wilderness study areas, proposed
wilderness, and recommended wilderness (including potential
wilderness) are to be managed "to preserve their wilderness
character and values undiminished until Congress acts on the
recommendations."
Of course, the trouble with applying even these non-binding
policies to the Grand Canyon is the fact that Congress does
not have before it and is not considering any proposed wilderness
recommendation for the Grand Canyon made by the President, as
forwarded to him by the Secretary of the Interior. At the agency
level, the National Park Service's Grand Canyon wilderness recommendation
is now twenty-two years old. A lot has changed in the intervening
years, and there are questions as to this recommendation's legitimacy
in the present day.
MOTORIZED
PONTOON RAFTS AND WILDERNESS
The continued use of motorized rafts neither affects any ultimate
judgment by Congress nor would it likely be inconsistent with
any action that Congress would take if it were to consider a
wilderness recommendation for Grand Canyon National Park. Such
motorized use in the Colorado River corridor through the Grand
Canyon does not harm the resource and brings significant benefits
with respect to the National Park Service's ability to fulfill
its dual mandate of conserving park resources and providing
for their enjoyment in a manner that will leave them unimpaired
for future generations.
Today, three out of four professionally-outfitted river trip
passengers depend upon motorized watercraft for their trips.
These trips take place using inflatable pontoon rafts that are
powered by quiet, low-emission, low-power, environmentally-friendly
four-stroke outboard motors that move down the river at no more
than a speed of six to eight miles per hour.
Given the exceedingly high demand for recreational whitewater
trips through the Grand Canyon, such motorized access is essential
in order to provide the current level of public access for all
types of visitors while continuing to meet strict resource and
visitor protection mandates. Without such motorized use, our
analysis suggests that the public availability of professionally-outfitted
river trips could decrease by thirty percent or more. The number
of passengers able to take these trips could be reduced from
19,000 to as little as perhaps 8,000 or 9,000 annually. This
is simply not what the American people want. But for some, such
a dramatic decrease in public visitation is expressly sought.
Congress, both in the Wilderness Act and in statutes establishing
specific wilderness areas, recognizes that motorized use and
wilderness are not necessarily incompatible, especially when
that use is already well established. Under the Wilderness Act,
wilderness areas are to be "devoted to the public purposes
of recreational, scenic, scientific, educational, conservation,
and historical use" and managed so as to preserve the wilderness
character of the area. Section 4(c) of the Act generally prohibits
activities such as timber harvesting, as well as roads, structures,
and facilities, in wilderness areas. Also, although public use
of motorized vehicles generally is prohibited in wilderness
areas, section 4(d)(1) of the Act includes an exception specifically
allowing for the continuation of motorboat or aircraft use if
those uses were established prior to an area's designation as
wilderness by Congress.
In addition to provisions like section 4(d)(1), Congress,
in a variety of wilderness designations, has authorized uses
that might otherwise be restricted under the Wilderness Act.
For instance, Congress has authorized use of motorized watercraft,
motorized land access, aircraft use, and water infrastructure
projects, among other activities, while designating specific
wilderness areas. As a result, wilderness designation does not
mean the same thing in every designated area.
Consequently, the continued use of motorized rafts is fully
consistent with the requirements of the Wilderness Act and with
all current National Park Service management requirements applicable
to Grand Canyon National Park. The existing level and type of
motorized use does not harm the resource and does not adversely
affect the suitability of any area of Grand Canyon National
Park for possible future congressional designation as wilderness.
And, in any case, section 4(d)(1) of the Wilderness Act itself
expressly contemplates the continued use of motorboats in wilderness
areas where such use was "established" prior to designation
of the area.
Motorized rafts are very much an established institution in
Grand Canyon National Park. The have been used on the Colorado
River within the Grand Canyon to run professionally-outfitted
river trips for the public for the past five decades. They are
a part of the Park's history, even assisting in its preservation.
It was on motorized trips that large numbers of citizens in
the late fifties and sixties, including many prominent, public
figures, were first introduced to the Grand Canyon. This public
exposure helped turn the tide away from the day's dam building
proposals and helped build the public understanding that the
Grand Canyon should remain protected. Today, motorized trips
are a principal reason why Grand Canyon river trips are accessible
to a very broad range of the general public, from young children
to the elderly, to those with even severe mobility impairments
and other disabilities, to those who are spending the first
night of their lives sleeping outdoors on their Grand Canyon
river adventure.
Five years ago, members of the Grand Canyon River Outfitters
Association demonstrated their ongoing commitment to the conservation
of the Grand Canyon by voluntarily undertaking a wholesale transition
from two-stroke outboard motors to cleaner, quieter four-stroke
outboard motors. We did this because these new motors dramatically
reduce emissions, including a ninety percent reduction in released
hydrocarbons, and they are substantially quieter than the two-stroke
motors they replaced. The Association and its members, moreover,
have since initiated an electric motorboat technology research
project, with the goal of developing a silent, zero-emissions
alternative to the low-impact four-stroke motors now in use.
Within the next six to eight years, we hope to begin implementing
an alternative motorboat propulsion system suitable for Grand
Canyon whitewater operations.
THE
FUTURE
The principal benefit motors provide along the Colorado River
within the Grand Canyon is greater and broader public access.
The level of visitation along the Colorado River within the
Park, while meeting today's high standards for resource protection
and visitor experience quality, simply would not be possible
without the use of pontoon boats powered by low-emission, low-noise
outboard motors. That segment of the American public able today
to experience the Grand Canyon by river would be dramatically
narrowed as a consequence of the elimination of this type of
use.
Some have recently called on both wilderness advocates and
the Grand Canyon's professional river outfitters to work constructively
together to find a solution to the thirty-year-old wilderness
and motors controversy. The Grand Canyon River Outfitters Association
is ready to do just that. There are many creative ideas for
how to improve management of the Colorado River within the Grand
Canyon, in order to enhance what is already one of the world's
truly special experiences. The river outfitters seek to contribute
to this search for solutions by offering a variety of proposals,
and by continuing to pursue practices and technologies that
will help even further to reduce the impacts of human visitation
along the river in the Grand Canyon.
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